General

In the Matter of the Probate of Heirship of the Real Property of Which Bertha Smith Died Seized

254 A.D. 933·New York Supreme Court, Appellate Division·1938·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

In the Matter of the Probate of Heirship of the Real Property of Which Bertha Smith Died Seized. [MAJORITY] Decree so far as appealed from reversed on the law and matter remitted to the Surrogate’s Court with direction to enter a decree determining that LiEy Smith Danforth, is entitled to inherit the property described in the petition, without costs of this appeal to any party. Memorandum: The exact question involved in this case was decided favorably to the contention of appellant in Matter of Peer (138 Mise. 247; affd. by this court in 232 App. Div. 872). All concur. (The portion of the decree appealed from determines the title in the fee to real property, in a proceeding for the probate of heirship of realty.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.